ST 178 of the Criminal Code of the Russian Federation.
1. Restriction of competition by concluding a competition-restricting agreement (cartel) between competing economic entities, prohibited in accordance with the antimonopoly legislation of the Russian Federation, if this act caused large damage to citizens, organizations or the state or resulted in the extraction of income on a large scale -
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to one year or without it.
2. The same acts:
a) committed by a person using his official position;
b) involving the destruction or damage of someone else’s property or the threat of its destruction or damage, in the absence of signs of extortion;
c) causing especially large damage or resulting in the extraction of income on an especially large scale, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to six years with a fine in the amount of up to one million rubles or in the amount of wages or other income convicted for a period of up to five years or without it and with or without deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years.
3. Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of one to three years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years. three years.
Notes.
1. In this article, income on a large scale is recognized as income the amount of which exceeds fifty million rubles, and income on an especially large scale - two hundred and fifty million rubles.
2. In this article, major damage is recognized as damage the amount of which exceeds ten million rubles, and especially large damage - thirty million rubles.
3. A person who has committed a crime under this article is exempt from criminal liability if he was the first among the accomplices to the crime to voluntarily report this crime, actively contributed to its disclosure and (or) investigation, compensated for the damage caused by this crime or otherwise made amends for the damage caused. and if his actions do not contain another crime.
Commentary to Art. 178 Criminal Code
1. The objective side is characterized by the following mandatory features: the act is a restriction of competition; way - by concluding between business entities - competitors an agreement restricting competition (cartel), prohibited in accordance with antimonopoly legislation; consequence - major damage (over 10 million rubles) to citizens, organizations or the state or extraction of income on a large scale (over 50 million rubles).
2. On the concept of a cartel, see Art. 11 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition”.
3. The actions of an official who uses his official powers to prevent, restrict or eliminate competition in the ways listed in the law are qualified under Part 2 and additional qualifications under Art. 169, 285 or 286 of the Criminal Code are not required.
4. Part 3 covers beating the victim, committing other violent acts that caused physical pain, causing minor or moderate harm to health.
5. Unlike extortion, the crime in question is not associated with a requirement for the gratuitous transfer of property or the right to property or the commission of actions of a property nature, the result of which will be a violation of property relations. The intent of the perpetrator in this case is aimed at limiting, preventing or eliminating competition.
Criminal Code of the Russian Federation in the latest edition:
Article 178 of the Criminal Code of the Russian Federation. Restriction of competition
1. Restriction of competition by concluding a competition-restricting agreement (cartel) between competing economic entities, prohibited in accordance with the antimonopoly legislation of the Russian Federation, if this act caused large damage to citizens, organizations or the state or resulted in the extraction of income on a large scale -
shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to one year or without it.
2. The same acts:
a) committed by a person using his official position;
b) involving the destruction or damage of someone else’s property or the threat of its destruction or damage, in the absence of signs of extortion;
c) causing especially large damage or resulting in the extraction of income on an especially large scale, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to six years with a fine in the amount of up to one million rubles or in the amount of wages or other income convicted for a period of up to five years or without it and with or without deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years.
3. Acts provided for in parts one or two of this article, committed with the use of violence or with the threat of its use, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of one to three years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a period of one to three years. three years.
Notes. 1. In this article, income in a large amount is recognized as income the amount of which exceeds fifty million rubles, and income in an especially large amount - two hundred and fifty million rubles.
2. In this article, major damage is recognized as damage the amount of which exceeds ten million rubles, and especially large damage - thirty million rubles.
3. A person who has committed a crime under this article is exempt from criminal liability if he was the first among the accomplices to the crime to voluntarily report this crime, actively contributed to its disclosure and (or) investigation, compensated for the damage caused by this crime or otherwise made amends for the damage caused. and if his actions do not contain another crime.
Return to contents: Criminal Code of the Russian Federation in the latest edition
Second commentary to Art. 178 of the Criminal Code of the Russian Federation
1. The objective side is to limit competition by concluding a competition-restricting agreement (cartel) between competing economic entities, which is prohibited in accordance with the antimonopoly legislation of the Russian Federation, if this act caused major damage to citizens, organizations or the state or resulted in the extraction of income on a large scale.
2. Competition is the rivalry of economic entities, in which the independent actions of each of them exclude or limit the ability of each of them to unilaterally influence the general conditions of circulation of goods on the relevant product market (Clause 7, Article 4 of the Federal Law of July 26, 2006 No. 135-FZ “On the Protection of Competition”, hereinafter referred to as the Federal Law of July 26, 2006).
3. Restriction of competition means that its scope is artificially regulated by the actions of the culprit. Positive legislation formulates signs of restriction of competition (clause 17, article 4 of the Federal Law of July 26, 2006).
4. One way of restricting competition is provided for as a criminal offense: the conclusion between competing economic entities of a competition-restricting agreement (cartel), prohibited in accordance with the antimonopoly legislation of the Russian Federation.
According to Art. 11 Federal Law of July 26, 2006, are recognized as a cartel and agreements between business entities-competitors are prohibited, that is, between business entities selling goods on the same product market, or between business entities purchasing goods on the same product market, if such agreements lead to or may lead to:
1) establishing or maintaining prices (tariffs), discounts, surcharges (surcharges) and (or) markups;
2) increasing, decreasing or maintaining prices at auctions;
3) division of the commodity market according to the territorial principle, the volume of sales or purchase of goods, the range of goods sold or the composition of sellers or buyers (customers);
4) reduction or cessation of production of goods;
5) refusal to enter into contracts with certain sellers or buyers (customers).
5. The crime is over when, as a result of restriction of competition, major damage is caused to citizens, organizations or the state or at the time of generating income on a large scale. Large-scale income is income the amount of which exceeds fifty million rubles; major damage - damage the amount of which exceeds ten million rubles (notes to Article 178 of the Criminal Code).
6. The subjective side is characterized by an intentional form of guilt.
7. Subjects: representatives of business entities that occupy and do not occupy a dominant position in the market for a certain product, as well as representatives of federal executive authorities, state authorities of constituent entities of the Russian Federation, local governments, other bodies or organizations vested with the functions or rights of these bodies, and also state extra-budgetary funds, the Central Bank of the Russian Federation (managers, founders, ordinary members authorized by managers or founders, as well as officials, individual entrepreneurs, etc.).
8. Dominant position, according to the Competition Law, means the position of an economic entity (group of persons) or several economic entities (groups of persons) in the market for a certain product, giving such an economic entity (group of persons) or such economic entities (groups of persons) the opportunity to provide decisive influence on the general conditions of circulation of goods on the relevant product market, and (or) eliminate other economic entities from this product market, and (or) impede access to this product market for other economic entities.
9. Qualifying characteristics are provided for in Part 2 and Part 3 of Art. 178 of the Criminal Code. A qualified restriction of competition must contain no signs of extortion; If the culprit, threatening to cause damage to property, demands that any property or the right to it be transferred to him or that he perform actions of a property nature, he is brought to criminal liability under Art. 163 of the Criminal Code (extortion).
10. A person who has committed a crime under Art. 178 of the Criminal Code, is exempt from criminal liability if:
1) he was the first among the accomplices to the crime to voluntarily report this crime;
2) actively contributed to its disclosure and (or) investigation;
3) compensated for the damage caused by this crime or otherwise made amends for the damage caused;
4) his actions do not contain any other crime.
Article 178. Restriction of competition
Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 3, 2017 N 34 “1.1. Detention as a preventive measure in the absence of the circumstances specified in paragraphs 1 - 4 of part one of this article cannot be applied to a suspect or accused of committing crimes provided for in parts one - four of Article 159, Articles 159.1 - 159.3, 159.5, 159.6, 160, 165, if they are committed by an individual entrepreneur in connection with his business activities and (or) management of his property used for business purposes, or if these crimes are committed by a member of the management body of a commercial organization in connection with the exercise of his powers by management of an organization or in connection with the implementation by a commercial organization of entrepreneurial or other economic activities, as well as parts five - seven of Article 159, articles 171 - 174, 174.1, 176 - 178, 180 - 183, 185 - 185.4, 190 - 199.4 of the Criminal Code of the Russian Federation .";
Determination of the Constitutional Court of the Russian Federation dated June 30, 2020 N 1424-O
The special rule enshrined in part one.1 of Article 108 of the Code of Criminal Procedure of the Russian Federation, according to which detention as a preventive measure in the absence of the circumstances specified in paragraphs 1 - 4 of part one of the same article, cannot be applied to a suspect or accused of committing crimes provided for in parts one to four of Article 159, Articles 159.1 - 159.3, 159.5, 159.6, 160, 165 and 201 of the Criminal Code of the Russian Federation, if these crimes were committed by an individual entrepreneur in connection with his business activities and (or) management of property owned by him and used for the purposes of entrepreneurial activity, or if these crimes were committed by a member of the management body of a commercial organization in connection with the exercise of powers by him to manage the organization or in connection with the implementation by a commercial organization of entrepreneurial or other economic activities, as well as parts five to seven of Article 159, Articles 171, 171.1 171.3 - 172.3, 173.1 - 174.1, 176 - 178, 180, 181, 183, 185 - 185.4 and 190 - 199.4 of the Criminal Code of the Russian Federation, is an additional guarantee of the constitutional right to freedom and personal integrity (determination of the Constitutional Court of the Russian Federation of February 24, 2011, 2011 year N 250-О-О, dated November 20, 2014 N 2637-О, etc.).
Determination of the Constitutional Court of the Russian Federation dated July 23, 2020 N 1863-O
According to part one.1 of article 108 of the Code of Criminal Procedure of the Russian Federation, detention as a preventive measure in the absence of the circumstances specified in paragraphs 1 - 4 of part one of the same article cannot be applied to a suspect or accused of committing crimes provided for in parts one - fourth article 159, articles 159.1 - 159.3, 159.5, 159.6, 160, 165 and 201 of the Criminal Code of the Russian Federation, if these crimes were committed by an individual entrepreneur in connection with his business activities and (or) management of property belonging to him, used for business purposes, or if these crimes were committed by a member of the management body of a commercial organization in connection with the exercise of powers by him to manage the organization or in connection with the implementation by a commercial organization of entrepreneurial or other economic activities, as well as parts five - seven of Article 159, Articles 171, 171.1, 171.3 - 172.3, 173.1 - 174.1, 176 - 178, 180, 181, 183, 185 - 185.4 and 190 - 199.4 of the Criminal Code of the Russian Federation. This special norm of the criminal procedural law is an additional guarantee of the constitutional right to freedom and personal integrity (rulings of the Constitutional Court of the Russian Federation of February 24, 2011 N 250-О-О, of November 20, 2014 N 2637-О, etc.).
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 15, 2018 N 5-APU18-18
examined in open court the material on the appeal of defender Bencomo O.Ya. - lawyer M.V. Nikitina on the decision of the Moscow City Court dated March 13, 2018, by which the decision of the Deputy Prosecutor General of the Russian Federation dated January 30, 2022 to satisfy the request of the General Prosecutor's Office of the Republic of Armenia for extradition to the competent authorities of the Republic of Armenia for prosecution for two crimes provided for in paragraph 1 of paragraph .3 tbsp. 178 of the Criminal Code of the Republic of Armenia
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 19, 2018 N 5-APU18-15
The General Prosecutor's Office of the Republic of Armenia addressed the General Prosecutor's Office of the Russian Federation with a request to extradite Martirosyan to face criminal charges for this crime, provided for in paragraph 1 of Part 3 of Art. 178 of the Criminal Code of the Republic of Armenia. By the resolution of the Deputy Prosecutor General of the Russian Federation dated December 15, 2022, this request was satisfied, and by the resolution of the Moscow City Court dated January 30, 2022, the complaint of S.M. Martirosyan was left unsatisfied. on the decision of the Prosecutor General's Office of the Russian Federation to extradite him to the law enforcement agencies of the Republic of Armenia.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 15, 2018 N 5-APU18-33
competent authorities of the Republic of Armenia for criminal prosecution under clause 1, part 3, art. 178 of the Criminal Code of the Republic of Armenia. After hearing the report of Judge Zatelepin O.K. on the content of the appealed court decision, the substance of the appeals, objections to them, speech by Martirosyan S.M., lawyers Timoshenkov P.V., Ovsyannikov V.V., Roshchin D.N., prosecutor Terekhova S.P., Judicial Collegium
Determination of the Constitutional Court of the Russian Federation dated February 26, 2021 N 328-O
The special rule enshrined in part one.1 of Article 108 of the Code of Criminal Procedure of the Russian Federation, according to which detention as a preventive measure in the absence of the circumstances specified in paragraphs 1 - 4 of part one of the same article, cannot be applied to a suspect or accused of committing crimes provided for in parts one to four of Article 159, Articles 159.1 - 159.3, 159.5, 159.6, 160, 165 and 201 of the Criminal Code of the Russian Federation, if these crimes were committed by an individual entrepreneur in connection with his business activities and (or) management of property owned by him and used for the purposes of entrepreneurial activity, or if these crimes were committed by a member of the management body of a commercial organization in connection with the exercise of powers by him to manage the organization or in connection with the implementation by a commercial organization of entrepreneurial or other economic activities, as well as parts five to seven of Article 159, Articles 171, 171.1 171.3 - 172.3, 173.1 - 174.1, 176 - 178, 180, 181, 183, 185 - 185.4 and 190 - 199.4 of the Criminal Code of the Russian Federation, is an additional guarantee of the constitutional right to freedom and personal integrity (determination of the Constitutional Court of the Russian Federation of February 24, 2011, 2011 year N 250-О-О, dated November 20, 2014 N 2637-О, etc.).
Determination of the Constitutional Court of the Russian Federation dated March 25, 2021 N 383-O
According to part one.1 of article 108 of this Code, detention as a preventive measure in the absence of the circumstances specified in paragraphs 1 - 4 of part one of the same article cannot be applied to a suspect or accused of committing crimes provided for in parts one - fourth article 159, articles 159.1 - 159.3, 159.5, 159.6, 160, 165 and 201 of the Criminal Code of the Russian Federation, if these crimes were committed by an individual entrepreneur in connection with his business activities and (or) management of property belonging to him, used for business purposes, or if these crimes were committed by a member of the management body of a commercial organization in connection with the exercise of powers by him to manage the organization or in connection with the implementation by a commercial organization of entrepreneurial or other economic activities, as well as parts five - seven of Article 159, Articles 171, 171.1, 171.3 - 172.3, 173.1 - 174.1, 176 - 178, 180, 181, 183, 185 - 185.4 and 190 - 199.4 of the Criminal Code of the Russian Federation. This special norm of the criminal procedural law is an additional guarantee of the constitutional right to freedom and personal integrity (rulings of the Constitutional Court of the Russian Federation of February 24, 2011 N 250-О-О, of November 20, 2014 N 2637-О, etc.).
Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2020 N 7
This norm establishes a ban on the use of a preventive measure in the form of detention in the absence of the circumstances specified in paragraphs 1 - 4 of part 1 of Article 108 of the Code of Criminal Procedure of the Russian Federation in relation to a suspect or accused of committing crimes provided for in parts 5 - 7 of Article 159, Articles 171 , 171.1, 171.3 - 172.3, 173.1 - 174.1, 176 - 178, 180, 181, 183, 185 - 185.4, 190 - 199.4 of the Criminal Code of the Russian Federation, without any other conditions, and in relation to a suspect or accused of committing crimes provided for in parts 1 - 4 of Article 159, Articles 159.1 - 159.3, 159.5, 159.6, 160, 165 and 201 of the Criminal Code of the Russian Federation, - provided that these crimes were committed by an individual entrepreneur in connection with his business activities and (or) management of property owned by him, used for the purposes of entrepreneurial activity, or if these crimes were committed by a member of the management body of a commercial organization in connection with the exercise of his powers to manage the organization or in connection with the implementation of entrepreneurial or other economic activities by a commercial organization.
